Need for greater reform of criminal justice system

Oct 25, 2022 News

– lawyers say removal of PIs only scratching the surface

By Rehanna Ramsay

Kaieteur News – While steps have already been taken by the Government in the direction of removing Preliminary Inquiry (PIs) as part of efforts to speed up the judicial process, a number of factors must be given consideration before the decision is fully implemented.

Prominent attorney-at-law, Nigel Hughes shared his views on the impending move by the administration intended to reduce the time that an accused person spends on remand awaiting trial is only scratching the surface towards reforming the criminal justice system. He told Kaieteur News that while the efforts are noteworthy, they must be approached with a view of safeguarding the right of an accused person as guaranteed by the constitution.

“It’s a good move once the rights of an accused person as outlined in the constitution is not tampered with such as their right to a fair trial…” he said. He noted too that in the context of a fair hearing, an accused person’s right to cross-examine at the level of the Magistrate Court should not be tampered with. The lawyer agreed that a number of administrative issues must be addressed in order to efficiently address the deficiencies of Guyana’s Criminal Justice System.

Similarly, Attorney-at-law, Siand Dhurjon said that while he is fully supportive of any decision that will speed up the process of criminal trials, the fairness of the trial should not be compromised for the sake of expediting the process. “There must be some basic principles left in place that will allow an accused person to at least cross-examine their witnesses… There must be alternatives that lend to the fairness of the trial, once a PI is no longer relevant,” he said.

Attorney-at-law, Tuanna Hardy said while she is in agreement with the administrative efforts to reduce the length of time it takes to conduct a trial for capital offences such as rape and murder, abolishing the PI will not totally solve the problem. “I have been on both sides of the fence, working as a prosecutor and as a defence lawyer so I can say that there is indeed a need to fast track the way trials are handled at the level of the magistrates’ court, I don’t believe removing the PI alone will end the issue of lengthy prosecution. There are other issues to be addressed like the length of time the magistrate court takes to produce a typewritten deposition and hand it over to the office of the Director of Public Prosecutions (DPP)…for a matter to be considered for trial sometimes three years because there aren’t enough court support officers to transcribe the magistrate’s handwritten notes in a timely manner…,” Hardy, a former State Counsel attached to the DPP’s Chambers said.

She noted too that some cases end at the PI. “So I think the accused person should be given the option of whether they want a PI or not.” The lawyer opined therefore that the Ministry of Legal Affairs and other stakeholders undertaking the process must take all these other administrative issues into consideration before finalizing their decision.

Attorney-at-law, Eusi Anderson spoke of similar issues. He said that in addition to the length of time it takes for the court to complete a PI, the court is woefully understaffed. “The Magistrates have a heavy caseload and the courts are understaffed, so I don’t believe that gutting the judicial process of the PI alone will help the cause… there are other issues to be dealt with.”

Additionally, he said that, “For the abolition of preliminary inquiries to have its desired effect on the backlog, there must be a holistic approach to the criminal justice system. You cannot do it piecemeal; otherwise, you are just scratching the surface.”

The Ministry of Legal Affairs publicised a notice in Guyana Chronicle on October 16 last, inviting eligible individual consultants to indicate their interest in providing services to a justice reform project funded by the Inter-American Development Bank (IDB). According to the advertisement, the prospective consultants should provide information demonstrating that they have the required qualifications and the relevant experience to draft a bill to abolish preliminary inquiries in the criminal proceeding in Guyana and to review and provide recommendations on the Criminal Procedure (Plea Bargaining and Plea Agreement Act) Ca p 10:09.

In an invited comment, Attorney General Anil Nandlall SC explained that the steps taken to remove PIs from the process have so far, received the full support of members of the bar and the judiciary. He said too that removing PI will help to reduce the length of time some accused persons spend incarcerated hence lessening the overcrowding of the prisons. At present, PIs can stretch close to five years leaving an accused person languishing in prison awaiting trial.